And any other site that we have owned or operated, do own and operate or
may own or operate in the future including all social media (collectively, the “Company”).
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing The Website And Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
No Unlawful Or Prohibited Use And Intellectual Property
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Our Limited License to You. This Website and its Content is property solely owned
by us and/or our affiliates or licensors, unless otherwise noted, and it is protected
by copyright, trademark, and other intellectual property laws.
If you view, purchase or access our Website or any of its Content, you will be
considered our Licensee. For the avoidance of doubt, you are granted a
revocable, non-transferable license for personal, non-commercial use only,
limited to you only.
When you purchase or access our Website or any of its Content, you agree that
• You will not copy, duplicate or steal our Website or Content. You
understand that doing anything with our Website or its Content that is
contrary to these T&C and the limited license we are providing to you
herein is considered theft, and we reserve our right to prosecute theft to
the full extent of the law.
• You are permitted from time to time to download and/or print one copy of
individual pages of the Website or its Content, for your personal,
noncommercial use, provided that you give us full attribution and credit by
name, keep intact all copyright, trademark and other proprietary notices
and, if used electronically, you must include the link back to the Website
page from which the Content was obtained.
• You may not in any way at any time use, copy, adapt, imply or represent
that our Website or its Content is yours or created by you. By
downloading, printing, or otherwise using our Website Content for personal
use you in no way assume any ownership rights of the Content – it is still
• You must receive our written permission before using any of our Website
Content for your own business use or before sharing with others. This
means that you may not modify, copy, reproduce, republish, upload,
post, transmit, translate, sell, market, create derivative works, exploit, or
distribute in any manner or medium (including by email, website, link or
any other electronic means) any Website Content because that is
considered stealing our work.
• We are granting you a limited license to enjoy our Website and its Content
for your own personal use, not for your own business/commercial use or in
any that earns you money, unless we give you written permission that you
may do so.
As a Licensee, you understand and acknowledge that this Website and its
Content have been developed or obtained by us through the investment of
significant time, effort and expense, and that this Website and its Content are
valuable, special and unique assets of ours which need to be protected from
improper and unauthorized use. We clearly state that you may not use this
Website or its Content in a manner that constitutes an infringement of our rights
or that has not been authorized by us.
The trademarks and logos displayed on our Website or its Content are
trademarks belonging to us, unless otherwise indicated. Any use including
framing, meta tags or other text utilizing these trademarks, or other trademarks
displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are
reserved by us.
Your License to Us. By posting or submitting any material on or through our
Website such as comments, posts, photos, images or videos or other
contributions, you are representing that you are the owner of all such materials
and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other
submission for use on or through our Website, you are granting us, and anyone
authorized by us, an unlimited, royalty-free, perpetual, irrevocable, nonexclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell,
exploit, create derivative works from, distribute, and/or publicly perform or
display such contributions, in whole or in part, in any manner or medium, now
known or developed in the future, for any purpose, and granting us the right to
make it part of our current or future Website and its Content. This right includes
granting us proprietary rights or intellectual property rights under any relevant
jurisdiction without any further permission from you or compensation by us to
You also grant us, and anyone authorized by us, the right to identify you as the
author of any of your comments, posts, photos, images, videos or other
contributions by name, email address, or screen name. You acknowledge that
we have the right but not the obligation to use any contributions from you and
that we may elect to cease the use of any such contributions on our Website or
in our Content at any time for any reason.
Request for Permission to Use Content
Any request for written permission to use our Content, or any other intellectual
property or property belonging to us, should be made BEFORE you wish to use
the Content by completing the “Contact Us” form on this Website, or by sending
an e-mail to email@example.com.
We very clearly state that you may not use any Content in any way that is
contrary to these T&C unless we have given you specific written permission to do
so. If you are granted permission by us, you agree to use the specific Content
that we allow and ONLY in the ways for which we have given you our written
permission. If you choose to use the Content in ways that we do not specifically
give you written permission, you agree now that you will be treated as if you had
copied, duplicated and/or stolen such Content from us, and you consent to
immediately stop using such Content and to take whatever actions as we may
request and by the methods and in the time frame that we prescribe to protect
our intellectual property and ownership rights in our Website and its Content.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our
Website and its Content and you agree that you are doing so at your own risk.
You agree and understand that you assume all risks and no results are
guaranteed in any way related to this Website and/or any of its Content. This
Website and its Content are merely to provide you with education and tools to
help you make your own decisions for yourself. You are solely responsible for your
actions, decisions and results based on the use, misuse or non-use of this Website
or any of its Content.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Email And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Use Of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To The Website
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third Party Websites And Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
Use Of Templates And Forms
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material
The Company provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Use Of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Purchases and Online Commerce If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, the Program, Product or Services will not continue and we reserve the right to cease your access to the member portal immediately and permanently which may affect your ability to access other purchased content .
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf.
You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score.
The information reported will include your name, email address, order date, order amount , and billing address . Any chargeback action will terminate your access to the course regardless of the outcome and will also result in the loss of use of the member portal for accessing any other content, meaning lifetime access is revoked.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well.
Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants.
In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase.
For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
No Refund Policy
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy.
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time.
By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to firstname.lastname@example.org.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.
Dispute Resolution It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at email@example.com and include all of your reasons for dissatisfaction with your Program.
You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date.
No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you.
We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Miami, Florida, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services.
Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Money Back Guarantee
For the sale of certain products, the Company provides a money-back guarantee. That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise.
The only product with a money back guarantee is Get your Ex Back Masterclass ($4.99)
You may request your money back by emailing firstname.lastname@example.org.
That email must reference the program, set out the date of Your purchase, and the email and name associated with the purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Any customer may redeem a money-back guarantee from the Company only once regardless of how many products and/or services the customer purchases. In other words, after a customer has received a refund for any one product under this money-back guarantee, that customer shall not be entitled to a refund as to any other product or service purchased from the Company.
Cancellation Of Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription.
These products are: The Oasis Monthly Membership and EHS Q+A Monthly Support (Ruby Level).
Users may cancel subscriptions at any time by emailing support@karenkatzcoaching,com
Your subscription shall be terminated immediately upon cancellation, and you shall not receive any refund. You shall not be charged after a cancellation.
Certain of the Company’s products and services offer enrollment with a payment plan.
These are NOT a cancellable subscription.
There is no option available to pause payments.
Upon enrollment client is responsible for making ALL payments in the selected payment plan.
Even if termination of the program is requested, client is still responsible to make all payments in the payment plan.
Efforts to collect payments will be made by charging any credit card on file. Any pending payments will be sent to collection.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
This Website and its Content are not to be perceived as or relied upon in any
way as medical advice or mental health advice. The information provided
through our Website or Content is not intended to be a substitute for professional
medical advice, diagnosis or treatment that can be provided by your own
health practitioner, licensed dietitian or nutritionist, member of the clergy, or any
other licensed or registered health care professional. Do not disregard
professional medical advice or delay seeking professional advice because of
information you have read on this Website, its Content, or received from us. Do
not stop taking any medications without speaking to your physician, nurse
practitioner, physician assistant, mental health provider or other health care
professional. If you have or suspect that you have a medical or mental health
issue, contact your own health care provider promptly. We are not providing
health care, medical or nutrition therapy services or attempting to diagnose,
treat, prevent or cure in any manner whatsoever any physical ailment, or any
mental or emotional issue, disease or condition. We are not giving medical,
psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. This Website and its Content are not to be
perceived or relied upon in any way as business, financial or legal advice. The
information provided through our Website and its Content is not intended to be
a substitute for professional advice that can be provided by your own
accountant, lawyer, or financial advisor. We are not giving financial or legal
advice in any way. You are hereby advised to consult with your own
accountant, lawyer or financial advisor for any and all questions and concerns
you have regarding your own income and taxes pertaining to your specific
financial and/or legal situation. You agree that we are not responsible for your
earnings, the success or failure of your business decisions, the increase or
decrease of your finances or income level, or any other result of any kind that
you may have as a result of information presented to you through our Website or
its Content. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any
representations as to the health physical, mental, emotional, spiritual or health
benefits, future income, expenses, sales volume or potential profitability or loss of
any kind that may be derived as a result of your use of this Website or its
Content. We cannot and do not guarantee that you will attain a particular
result, positive or negative, financial or otherwise, through the use of our Website
or its Content and you accept and understand that results differ for each
individual. We also expressly disclaim responsibility in any way for the choices,
actions, results, use, misuse or non-use of the information provided or obtained
through the use of our Website or its Content. You agree that your results are
strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS
CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS
IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT
WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE
WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY
WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
Technology Disclaimer. We try to ensure that the availability and delivery of our
Website and its Content is uninterrupted and error-free. However, we cannot
guarantee that your access will not be suspended or restricted from time to
time, including to allow for repairs, maintenance or updates, although, of
course, we will try to limit the frequency and duration of suspension or restriction.
To the fullest extent permitted by law, we will be not be liable to you for
damages or refunds, or for any other recourse, should our Website or its Content
become unavailable or access to the them becomes slow or incomplete due to
any reason, such as system back-up procedures, internet traffic volume,
upgrades, overload of requests to the servers, general network failures or delays,
or any other cause which may from time to time make our Website or its
Content inaccessible to you.
Errors and Omissions. We make no warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information on our
Website or its Content. Every effort has been made to present you with the most
accurate, up-to-date information, but because the nature of scientific research
is constantly evolving, we cannot be held responsible or accountable for the
accuracy of our content. We assume no liability for errors or omissions on the
Website, its Content, or in other information referenced by or linked to the site.
You acknowledge that such information may contain inaccuracies or errors to
the fullest extent permitted by law.
Release of Claims. In no event will we be liable to any party for any type of
direct, indirect, special, incidental, equitable or consequential damages for any
use of or reliance on our Website and its Content, or on those affiliated with us in
any way, and you hereby release us from any and all claims; including, without
limitation, those related to lost profits, personal or business interruptions, personal
injuries, accidents, misapplication of information, or any other loss, physical or
mental disease, condition or issue, or otherwise, even if we are expressly advised
of the possibility of such damages or difficulties.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Miami, Florida. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Certain sections of the Website or its Content may allow you to make purchases
from us or from other merchants. If you make a purchase from us on or through
our Website or its Content, all information obtained during your purchase or
transaction and all of the information that you give as part of the transaction,
such as your name, address, method of payment, credit card number, and
billing information, may be collected by both us, the merchant, and our
payment processing company.
Your participation, correspondence or business dealings with any affiliate,
individual or company found on or through our Website, all purchase terms,
conditions, representations or warranties associated with payment, refunds,
and/or delivery related to your purchase, are solely between you and the
merchant. You agree that we shall not be responsible or liable for any loss,
damage, refunds, or other matters of any sort that incurred as the result of such
dealings with a merchant.
Payment processing companies and merchants may have privacy and data
collection practices that are different from ours. We have no responsibility or
liability for these independent policies of the payment processing companies
and Merchants. In addition, when you make certain purchases through our
Website or its Content, you may be subject to the additional terms and
conditions of a payment processing company, Merchant or us that specifically
apply to your purchase. For more information regarding a Merchant and its
terms and conditions that may apply, visit that merchant’s Website and click on
its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants
from any damages that you incur, and agree not to assert any claims against us
or them, arising from your purchase through or use of our Website or its Content.
Termination And Access Restriction
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.